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(영문) 창원지방법원 2019.04.23 2017가단105367
청구이의
Text

1. The certificate of notary public C office issued by the Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Defendant) shall have an executory power of No. 1169 in 2016.

Reasons

1. Basic facts

A. The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) lent the sum of KRW 109,770,000 to D from January 10, 2016 to March 9, 2016.

(hereinafter “instant loan” or “the instant loan”). B.

D In the event that D did not repay the borrowed amount of this case, on October 10, 2016, the Defendant filed a complaint against D as a crime of fraud with the office of the original district public prosecutor's office at the original district public prosecutor's office on October 10, 2016, demanding D to pay the above loan, and

C. D obtained a loan from a financial institution to a pro-Japanese (Counterclaim Defendant; hereinafter “Plaintiff”) and requested the Plaintiff to receive joint and several sureties, and received a seal imprint, a certificate of personal seal impression, a certified copy of resident registration card, a certificate of employment, and a receipt for tax withholding for wage and salary income from the Plaintiff on December 29, 2016.

D around 10:00 on December 30, 2016, the Plaintiff presented the Plaintiff’s certificate of personal seal impression in the name of the Plaintiff at the notary public C office, along with the Plaintiff’s office around 10:00 to set up the Plaintiff as a joint and several surety with respect to the instant loan obligations. However, the Plaintiff heard from the employees of the office that the proxy in the name

D, around 11:00 on the same day, it was found to be the construction site where the plaintiff was working on the vehicle that the defendant driven.

The defendant, without directly communicating the plaintiff, is waiting to get off from the driver's seat in front of about 100 meters at the construction site, and D, alone, requested the plaintiff to set up the power of attorney.

The plaintiff signed the plaintiff's name in the joint and several guarantee column and the delegating column used by the notary public C office, and entered the address in person.

D Return to C Office of a notary public and describe the name and address of the said power of attorney in the debtor column, while the creditor column "B", "B" in the column of borrowing date", "1,670,000 won in the column of due date from March 20, 2017 to January 20, 202", "1,670,000 won in the column of due date" and "20% per annum in the interest column.

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